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Terms of Use

Introduction

This website and its contents ("Website") is owned and operated by [insert your company name] [A.B.N. insert your ABN number] ("Butterfly Pharmacy").

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (known collectively as the "Terms of Use"). The Terms of Use govern the use of this Website. Aspen reserves the right to amend these Terms of Use at any time without notice. We therefore encourage you to check this document regularly.

Applicable Law

The Terms of Use are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms of Use is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.

Butterfly Pharmacy makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to Third Party Sites and Third Party Advertisements

Butterfly Pharmacy assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Website. Except as Butterfly Pharmacy may specifically direct otherwise, Butterfly Pharmacy does not authorise the content of those third party websites. The Website may also contain third party advertisements which contain embedded hyper-links to websites operated by third parties. The placement of third party advertisements on this Website does not necessarily constitute the recommendation or endorsement of Butterfly Pharmacy for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Competitions and Promotions

Certain parts of the Website may contain competitions or promotions from Butterfly Pharmacy or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Butterfly Pharmacy specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

Material submitted by Website Users

By submitting material to any of our servers, for example, by e-mail or via the Website, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication, including material which is offensive and/or derogatory; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to Butterfly Pharmacy and Butterfly Pharmacy may publish the material free of charge and/or incorporate it or any concepts described in it in Butterfly Pharmacy’s products or services without accountability or liability; (d) you agree to comply with all applicable laws when using the Website, and not use the Website to send or transmit spam; and (e) you agree not to take action against Butterfly Pharmacy in relation to material that you submit and you agree to indemnify Butterfly Pharmacy if any third party takes action against Butterfly Pharmacy in relation to the material you submit.

Disclaimer and Liability

While Butterfly Pharmacy has used its best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, Butterfly Pharmacy, to the extent permitted by law, does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, Butterfly Pharmacy, its affiliated companies, and their directors, employees, agents and contractors:

(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site, your access to the Website or results of your access, or the information, content, materials or products on the Website; and

(b) Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Butterfly Pharmacy, its affiliated companies, and their directors, employees, agents and contractors) will Butterfly Pharmacy, its affiliated companies and their directors, employees, agents or contractors accept any liability for any loss or damage, including for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website, or arising out of or in connection with any goods or services supplied by Butterfly Pharmacy.

Butterfly Pharmacy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to or alteration of any information provided by a Website user.

Indemnity

You agree to indemnify and keep indemnified Butterfly Pharmacy, its affiliated companies and their officers, employees, agents and contractors ("those indemnified") in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the violation of these Terms of Use by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Intellectual Property and Restrictions On Use Of Content

The Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which is owned by Butterfly Pharmacy, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms of Use, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another website without Butterfly Pharmacy's express consent.

Termination and Cancellation

Butterfly Pharmacy reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other terms and conditions herein, Butterfly Pharmacy will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Butterfly Pharmacy's liability will survive such termination.

Privacy Policy

Butterfly Pharmacy acknowledges and respects the privacy of individuals. This policy sets out the way in which we will use, manage and protect your personal information in accordance with the National Privacy Principles and all relevant privacy legislation protecting the rights of individuals

How Do We Collect Information?

Butterfly Pharmacy may collect personal information from you including your name, address, telephone number, and email address, when you knowingly provide us with information.

How Do We Use Information?

Butterfly Pharmacy may use the personal information that you submit to us to store and process that information to provide and improve our services. Butterfly Pharmacy may disclose this information to its affiliated companies both in Australia and overseas. Butterfly Pharmacy may disclose this information to its suppliers, contractors, agents for the purpose of providing your goods and services that you have ordered and/or requested. Butterfly Pharmacy may also now and again send you offers or information on goods or services that Butterfly Pharmacy consider will be of interest to you. Butterfly Pharmacy may also allow that information to be given to third parties for a similar purpose unless you have clearly indicated that this is not to occur.

Personal information that you submit to us including your name, address, telephone number and other information you may provide, may be disclosed to a third party:

         to meet the purpose for which it was submitted; or

         for the purpose of processing and delivering your request; or

         we have your consent to share the information; or

         if we are required or authorised by law to disclose the information; or

         if your personal information is collected in connection with a joint promoter, to that joint promoter for marketing and research purposes.

Access, Accuracy and Security

Butterfly Pharmacy will take reasonable steps to ensure that the personal information we collect is accurate, complete and up-to-date.

You can access and request correction of any personal information concerning you at any time. You may also request that we delete your personal information at any time. Any such requests should be made directly by contacting us (see below for details).

Butterfly Pharmacy will take reasonable steps to protect personal information from misuse, loss and unauthorised access, modification or disclosure.

Sensitive Information

Butterfly Pharmacy will not collect use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Australian Privacy legislation.

Clickstream Data

Each time you visit the Website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server's IP address.

Butterfly Pharmacy may collect this information for statistical purposes to find out how the Website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve our web site performance.

Cookies

A Cookie is a piece of information that our web server may send to your machine when you visit our Website. The Cookie is stored on your machine, but does not identify you or give us any information about your computer.

A Cookie helps us to recognise you when you re-visit our Website and to co-ordinate your access to different pages on the Website. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your Browser instructions or help screen to learn more.

Links to Other Sites

Butterfly Pharmacy may provide links to other sites. If you use these links, you will leave our Website and we are not responsible for any of these sites, their content or their usage of your personal information. We advise that you check the privacy policies on those sites.

Contact Us

Please contact us if you wish to discuss any privacy issues, or if you do not wish to receive any future communications from Butterfly Pharmacy.

Butterfly Pharmacy
Privacy Officer

[ insert your contact details ]